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Mateo Martinez

Can I file for unemployment on maternity leave Washington ESD benefits?

I'm currently on unpaid maternity leave and wondering if I can file for unemployment benefits through Washington ESD? My employer doesn't offer paid family leave and I'm not getting any income right now. I've been with the company for 2 years but they said my position might not be available when I return. Has anyone been in this situation before? I'm not sure if being on leave disqualifies me from UI benefits or if there are special rules I need to know about.

The rules around maternity leave and unemployment are pretty specific. Generally, if you're on approved leave, you might not be eligible for regular UI benefits because you're not available for work. However, if your employer terminated you or said your job isn't guaranteed, that could change things. You should definitely call Washington ESD to discuss your specific situation.

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That's what I was worried about. My employer said my position 'might' not be there but hasn't officially terminated me yet. So confusing!

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I had a similar situation last year. Washington ESD told me I needed to be available and actively seeking work to qualify for UI benefits, which I couldn't do while on maternity leave.

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You might want to look into Washington's Paid Family and Medical Leave program instead of regular unemployment. It's designed specifically for situations like yours. The benefits are different from UI but could provide income during your leave.

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I thought about that but my understanding is you have to apply for family leave before you take the leave? I'm already on unpaid leave now.

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There might be some exceptions for retroactive applications, especially if you didn't know about the program. Worth checking with the Employment Security Department.

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Ugh, I've been trying to get through to Washington ESD for weeks about a different issue. Their phone lines are always busy and I keep getting disconnected. Someone on another forum mentioned using Claimyr.com to help get through to an agent. Has anyone tried that? They apparently have some video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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I've never heard of that service. Is it legit? I'm desperate to talk to someone at Washington ESD about my situation.

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From what I understand, it helps you get through the phone queue without having to manually redial. Seems like it could save a lot of time and frustration.

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The whole system is so confusing! I was on maternity leave last year and tried to file for unemployment when my employer said they were laying people off. Washington ESD denied my claim because they said I wasn't available for full-time work while caring for a newborn. Even though I would have been if I had a job to return to!

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That's exactly what I'm worried about. Did you appeal the decision?

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I tried but the process took forever and by then I had already gone back to work part-time. The whole thing was a nightmare.

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This is why it's so important to understand the 'able and available' requirement. Being on maternity leave can complicate that determination.

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Have you considered if your employer actually terminated your employment? If they said your position might not be available, that sounds like constructive dismissal to me. You might have grounds for a UI claim based on that.

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I'm not sure if it counts as termination since they used the word 'might.' They haven't given me any official notice.

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I'd document everything they've told you about your position. If they're being vague about whether you have a job to return to, that could support your case.

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My sister went through something similar. She was on maternity leave and her company downsized. Washington ESD initially denied her claim but she appealed and won because the company couldn't guarantee her position would exist when she returned from leave.

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How long did the appeal process take? I can't afford to wait months for a decision.

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It took about 6 weeks total, but she got back pay once it was approved. The key was proving she was available to work if she had a job to return to.

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Whatever you do, don't wait too long to file. There are deadlines for when you can file after becoming unemployed. If your employer is being wishy-washy about your job security, file sooner rather than later.

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Good point. I'll try to get through to Washington ESD this week to at least get the process started.

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Seriously, try that Claimyr thing if you can't get through. I'm thinking about using it myself since I've wasted so many hours on hold.

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I'm a former HR manager and dealt with these situations before. The key question is whether you're truly available for work. If you're on maternity leave but could start work immediately if offered a position, you might qualify. But if you need to continue your leave regardless, that could disqualify you.

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That's a good way to think about it. I could start work immediately if I had a job to go back to, but my employer is being unclear about that.

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I'd recommend getting something in writing from your employer about your employment status. Verbal statements can be hard to prove if you need to appeal.

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Don't forget you also need to meet the work history requirements for UI benefits. You need sufficient wages in your base period. Being on unpaid leave shouldn't affect that if you were working before.

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I worked full-time for 2 years before taking leave, so I should meet the work history requirements.

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The whole unemployment system is broken. They make it so hard to get benefits even when you legitimately need them. I hope you can get through to someone who can actually help you understand your options.

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Thanks, I'm trying to stay positive but it's definitely stressful not knowing if I'll have any income.

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Hang in there. The system is frustrating but there are people who can help if you can get through to them.

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I used Claimyr last month when I couldn't get through to Washington ESD about my claim status. It actually worked really well - I got connected to an agent within an hour instead of spending days trying to call. The service was worth it for the peace of mind alone.

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That sounds really helpful. I'm going to look into it since I need to talk to someone soon about my situation.

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Good to hear from someone who actually used it. I'm definitely going to try it next time I need to reach Washington ESD.

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Make sure you understand the difference between being laid off and being on leave. If your employer laid you off (even temporarily), you'd likely qualify for UI. But if you're still technically employed but on unpaid leave, that's a different situation entirely.

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My employer hasn't officially laid me off, but they're being vague about whether my position will exist when I'm ready to return. It's such a gray area.

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That ambiguity might actually work in your favor if you can document that they can't guarantee your job will be there.

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Has anyone dealt with the work search requirements while on maternity leave? I'm curious how that would work if you're not actually ready to start work immediately.

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That's a good point. The work search requirements could be an issue if you're not actually available to start work right away.

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I hadn't thought about that. I guess I'd need to be prepared to actually start working if I got a job offer.

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Whatever you decide, make sure you're honest on your application about your availability. Washington ESD takes fraud seriously and it's better to be upfront about your situation than to risk issues later.

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Absolutely. I want to make sure I'm doing everything correctly and legally.

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I'm in a similar boat - on unpaid leave but my employer is being unclear about my future. Following this thread for updates on what you find out!

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I'll definitely update once I talk to someone at Washington ESD. Hopefully we can both get some clarity on our situations.

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The timing of your claim matters too. You generally need to file within a certain timeframe of becoming unemployed. Don't wait too long thinking about it.

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Good reminder. I'll file this week even if I'm not 100% sure about eligibility. Better to apply and potentially get denied than to miss the deadline.

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Just wanted to add that even if you don't qualify for regular UI, there might be other assistance programs available. Don't give up if your first application gets denied.

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Thank you for the encouragement. I'll explore all my options and not give up if I hit roadblocks.

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Good luck with everything! Having a new baby and dealing with employment uncertainty is stressful enough without having to navigate the Washington ESD system too.

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Thanks so much. This thread has been really helpful in understanding my options and what to expect.

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